Does Fly To Fit have a federal registration for its principal trademark?
Fly_To_Fit Franchise · 2024 FDDAnswer from 2024 FDD Document
13 TRADEMARKS**
Principal Trademark
The following is the principal trademark that we license to you. This trademark is owned by our owner, Tina Murphy. We do not have a federal registration for our principal trademark. Therefore, our trademark does not have many legal benefits and rights as a federally registered trademark. If our right to use the trademark is challenged, you may have to change to an alternative trademark, which may increase your expenses. An application for registration on the Principal Register of the United States Patent and Trademark Office has been filed.
| Trademark | Application Date | Identification Number |
|---|---|---|
| Fly To Fit Bungee Fitness Studio | September 16, 2022 | 97594497 |
| September 16, 2022 | 97594490 |
Determinations
There are no currently effective material determinations of the United States Patent and Trademark Office, the Trademark Trial and Appeal Board, or any state trademark administrator or court. There are no pending infringement, opposition, or cancellation proceedings.
Litigation
There is no pending material federal or state court litigation regarding our use or ownership rights in a trademark.
Agreements
Tina Murphy, our Owner, owns the trademarks described in this Item.
Source: Item 13 — TRADEMARKS (FDD pages 31–33)
What This Means (2024 FDD)
According to Fly To Fit's 2024 Franchise Disclosure Document, Fly To Fit does not have a federal registration for its principal trademark. The trademark is owned by Tina Murphy, the owner of Fly To Fit. However, Fly To Fit has filed an application for registration on the Principal Register of the United States Patent and Trademark Office. The application for the trademark "Fly To Fit Bungee Fitness Studio" was filed on September 16, 2022, with identification numbers 97594497 and 97594490.
Because Fly To Fit's principal trademark is not federally registered, it lacks many of the legal benefits and rights associated with federal registration. This means that if the right to use the trademark is challenged, a franchisee may have to change to an alternative trademark, which could increase their expenses. However, Fly To Fit states that they will defend a franchisee (at their expense) against any legal action by a third-party alleging infringement if the franchisee uses their trademarks in accordance with the franchise agreement. Fly To Fit will also indemnify the franchisee for expenses and damages if the legal action is resolved unfavorably to them.
Fly To Fit also states that they are not aware of any superior prior rights or infringing uses that could materially affect a franchisee's use of the principal trademarks. However, Fly To Fit retains the right to require a franchisee to modify or discontinue using a trademark, at the franchisee's expense. Prospective franchisees should consider the implications of using a trademark that is not federally registered and the potential costs associated with defending or changing the trademark in the future.